further, and has pronounced for the interest of a vessel which was not shewn, with any degree of certainty, to have arrived within gun-shot. The Weser, having been for some time engaged in action with two other vessels, on the appearance of The Rippon surrendered; such immediate submission was held to entitle The Rippon to share in the head-money. So where the enemy's fleet was destroyed by fire-ships which formed part of a blockading fleet, and were dispatched by the commander-in-chief on that service, it was held that the rest of the fleet were entitled to share in the head-money, although it never approached within gun-shot of the scene of action (a). The decision in these two cases seems to require reconsideration; for it extends, by an arbitrary enlargement of the statute, to constructive assailants, that bounty which was intended for actual combatants.

Where a capture can be considered as a continuation of a general action, the whole fleet would be equally entitled to head-money, notwithstanding the formal surrender to one particular ship. But it is otherwise where the capture is not an immediate consequence of the general action. Where a ship which had formed part of the enemy's fleet at Trafalgar, had escaped into port, and having been sent out to assist vessels in distress, was captured by The Donegal, which had been detached by Lord Nelson before the engagement commenced, and did not join Lord Collingwood till the day after the battle, it was held, that neither the capturing nor captured vessel could be identified with the respective fleets between which the engagement had taken place, and that the fleet was not entitled to share. In the same case the court pronounced against the claim of The Leviathan, which in making a signal to another vessel fired a shot, which fell between The Donegal and her prize, but without any inten

(a) The Ville de Varsovie, 2 Dod. 301.

Head

tion of taking part in the combat (a). Where a prize was re-captured and again taken and condemned to the second taker, it was held that head-money was due to the original taker, notwithstanding the re-capture (b). Where an enemy's ship was run aground and destroyed, it was held that head-money was due for men escaping on shore, who were on board when the action commenced (c). But head-money is not due for British prisoners on board the prize (d). money is not due when the ship is neither taken nor destroyed. Where a King's ship had driven an enemy's frigate on shore, and had attempted to destroy her without success, but had left her in such a disabled state that the enemy were under the necessity of breaking her up, it was held that headmoney was not due (e). But where an enemy's ship was set on fire by her crew and totally destroyed, on the approach of the force coming to attack her, head-money was pronounced to be due (ƒ). Head-money is not due for the capture of armed vessels which are not commissioned (g). It has been held that head-money is due for the capture of men of war having cargoes on board, but not for privateers under the same circumstances. This absurd distinction was upheld by the court against its own judgment, in deference to precedents which seem to be equally at variance with reason and with the words of the act (h). Head-money is not due on ships captured by the joint forces of the army and navy, in harbours, rivers, and other such places as are objects of joint attack in conjunct expeditions (i).

(a) The El Rayo, 1 Dod. 42. (b) The Matilda, 1 Dod. 367.

(c) The Babillion, Edw. 39.

(d) The San Joseph, 6 Rob. 331. (e) L'Elise, 1 Dod. 442.

(f) The Uranie, 2 Dod. 172.

(g) The Dutch Schuyts, 6 Rob. 48.

(h) La Francha, 1 Rob. 157. The Santa Brigada, 3 Rob. 58. The Hirondella, 3 Rob. 57.

(i) La Bellone, 2 Dod. 343.

CONTENTS OF APPENDIX.

(A.)

1. Form of certificate and pass under Swedish treaty, 1661.

2. The like forms under Danish treaty, 1670.

3. Form of certificate of merchant vessel under convoy by the maritime convention between Great Britain, Denmark and Sweden. 4. Form of certificate under Dutch treaty of 1667.

(B.)

Orders in Council.

1. Proclamation of 18th February, 1854, prohibiting the exportation of arms, stores, &c.

2. Proclamation against fitting out or equipping vessels for warlike purposes, 9th March, 1854.

3. Her Majesty's declaration of the causes of war.

4. Her Majesty's declaration with respect to neutrals and letters of marque.

5. Order of general reprisals, 29th March, 1854.

6. Order of general embargo on Russian ships, 29th March, 1854.

7. Order exempting Russian ships from capture under certain circumstances.

8. Proclamation for distribution of captures.

9. Order extending to India and colonies, indulgence granted to Russian ships.

10. Order of embargo, &c., in Channel Islands and in the Isle of Man.

H

11. Order of 11th April, 1854, respecting permission to export contraband of war.

12. Order in furtherance of her Majesty's declaration of the 28th March, 1854, respecting the trade of neutrals and British subjects.

13. Order to extend to the 15th May, 1854, the indulgence granted to Russian vessels which shall have sailed from a Russian port in the Baltic or White Sea prior to that date.

14. Order to prohibit the exportation of arms, &c., from Malta and Gibraltar without license.

(C.)

Convention between her Majesty and the Emperor of the French relative to joint captures.

(D.)

The Prize Act (Russia), 1854; 17 Vict. c. xviii.

(E.)

The Naval Pay and Prize Act, 1854; 17 Vict. c. xix.